Dying After a Divorce—What Happens to the Alimony and Child Support Obligations
Updated: Jul 31, 2018
Divorces are stressful and the parties change through the process. Dying after the divorce is the last thing on your mind when you are finalizing a divorce, but it can happen nonetheless. When you are finalizing your Final Judgment, also known as a “divorce decree” in other states, you should speak with your attorney about provisions that might protect you in the event your spouse dies after the divorce is final.
A typical provision within the Final Judgment provides that the payor spouse will secure and maintain a life insurance policy to secure an amount of money necessary to cover the alimony and child support payments to the payee. The law is very clear that there MUST also be specific findings within that Final Judgment so that the requirement to maintain and secure life insurance is not set aside by a Judge in the future.
The following findings MUST be within your Final Judgment, and they include:
1. The amount of the life insurance policy is necessary to secure the alimony and/or child support obligation (in other words if the total amount of support would amount to $100,000, you cannot put a provision that provides for $500,000 worth of coverage);
2. The payor spouse can reasonably afford the life insurance policy;
3. The life insurance policy is available to the payor spouse; and
4. That the payor spouse has the ability to pay for the life insurance policy.
Speak with an experienced family law attorney who can help you formulate a final judgment that works for you and your family, and goes beyond standard provisions. Speak with Brusca Law regarding your options, and how to make them work for you by calling 407-501-6564.